2012 Civil Law c) Indonesia law 15.
c) Indonesia law
1. Which of the following is NOT included in the attributes of juridical capacity?
a) Juridical capacity is inherent in every natural person, and therefore it is not
acquired.
b) Juridical capacity is lost only through death.
c) Juridical capacity is the fitness to be the subject of legal relations.
d) Juridical capacity cannot exist without capacity to act.
2. Which of the following is NOT a restriction on one’s capacity to act?
a) Minority
b) Marriage
c) Deaf-mute
d) Civil Interdiction
3. This attribute or incident of a case determine whether it is a conflict-of-laws
case or one covered by domestic law.
a) Cause of action
b) Foreign element
c) Jurisdiction
d) Forum non conveniens
4. The capacity of an heir to succeed shall be governed by the:
a) national law of the decedent’s heirs
b) law of the country where the decedent was a resident at the time of his death
c) national law of the person who died
d) law of the country where the properties of the decedent are located.
5. Atty. BUKO, a Filipino, executed a will while he was in Spain. The attestation
clause of the said will does not contain Buko’s signature. It is valid under Spanish
law. At its probate in Manila, it is being opposed on the ground that the
attestation clause does not contain BUKO’s signature. Is the opposition correct?
Choose the best answer..
a) Yes, because it is a fatal defect.
b) Yes, the will is not valid under Philippine law.
c) No, attestation clause is not an act of the testator.
d) No, the governing law is Spanish law.
6. Ramon, a Filipino, executed a will in Manila, where he left his house and
located in BP Homes Parañaque in favor of his Filipino son, Ramgen. Ramon’s
other children RJ and Ramona, both Turkish nationals, are disputing the bequest
to Ramgen. They plotted to kill Ramgen. Ramon learned of the plot, so he tore
his will in two pieces out of anger. Which statement is most accurate?
a) The mere act of Ramon Sr. is immaterial because the will is still readable.
b) The mere act of tearing the will amounts to revocation.
c) The tearing of the will may amount to revocation if coupled with intent of
revoking it.
d) The act of tearing the will is material.
7. Even if the applicable law is a foreign law, a count in the Philippines may be
constrained to apply Philippine law under any of the following instances, except:
a) when the foreign law, judgment or contract is contrary to a sound and
important public policy of the forum;
b) when the property subject of the case is located outside of the Philippines;
c) when the foreign law or judgment is penal in nature;
d) when the foreign law is procedural in nature.
8. If a will is executed by a testator who was born a Filipino citizen but became
naturalized Japanese citizen at the time of his death, what law will govern its
testamentary provisions if the will is executed in China and the property being
disposed is located in Indonesia?
a) Chinese law
b) Philippine law
15. What is the current status of the marriage of Charice and Justine under
d) Japanese law
9. A Japanese national and a Filipino national entered into a contract for services
in Thailand. The services will be rendered in Singapore. In case of breach, what
law will govern?
a) Thailand law
b) Philippine law
c) Singapore law
d) Japanese law
10. Pedro (Filipino) and his wife Jane (American) executed a joint will in Canada,
where such joint will is valid. In case the joint will is probated in Japan, what law
will govern the formalities of the joint will?
a) American law
b) Philippine law
c) Canadian law
d) Japanese law
11. A French national revokes his will in Japan where he is domiciled. He then
changed his domicile to the Philippines where he died. The revocation of his will
in Japan is valid under Japanese law but invalid under Philippine law. The
affected heir is a Malaysian national residing in the Philippines. What law will
apply?
a) Japanese law
b) Philippine law
c) French law
d) Malaysian law
12. In the absence of contrary stipulation in a marriage settlement, property
relations of Filipino spouses shall be governed by ---
a) Philippines laws
b) Law of the place where the spouses reside
c) Law of the place where the properties are situated
d) Law of the place where they were married.
13. The will of a Filipino executed in a foreign country ---
a) cannot be probated in the Philippines;
b) may be probated in the Philippines provided that properties in the estate are
located in the Philippines;
c) cannot be probated before the death of the testator;
d) may be probated in the Philippines provided it was executed in accordance
with the laws of the place where the will was executed.
14. Pedro (Filipino and Bill (American) entered into a contract in Australia,
whereby it was agreed that Pedro will build a commercial building for Bill in the
Philippines, and in payment for the construction, Bill will transfer and convey his
cattle ranch located in Japan in favor of Pedro. In case Pedro performs his
obligation, but Bill fails or refuses to pay, what law will govern?
a) American law
b) Philippine law
c) Australian law
d) Japanese law
(Facts for item numbers 15-18)
In 1989, Charice (Filipina) and Justine (American), were married in the
Philippines. In 1990, they separated and Justine went to Las Vegas where he
obtained a divorce in the same year. He then married another Filipina, Lea, in
Canada on January 1, 1992. They had two (2) sons, James and John (who were
both born in 1992). In 1993, after failing to hear from Justine, Charice married
Bugoy (a Filipino), by whom she had a daughter, Regine. In 2009, Regine married
James (son of Justine with Lea) in California, where such marriage is valid.
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Dissolved
16. What id the status of the marriage between Charice and Bugoy under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
17. What is the status of the marriage between Charice and Bugoy under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
18. What is the status of the marriage between Regine and James under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
19. Ricky and Princess were sweethearts. Princess became pregnant. Knowing
that Ricky is preparing for the examinations, Marforth, a lawyer and cousin of
Princess, threatened Ricky with the filing of a complaint for immorality in the
Supreme Court, thus preventing him from taking examinations unless he marries
Princess. As a consequence of the threat, Ricky married Princess. Can the
marriage be annulled on the ground of intimidation under Article 45 of the
Family Code? Choose the best answer.
a) Yes, because without the threat, Ricky would not have married Princess.
b) Yes, because the threat to enforce the claim of Princess vitiates the consent of
Ricky in contracting the marriage.
c) No, because the threat made by Marforth is just and legal.
d) No, because Marforth is not a party to the contract of marriage between
Princess and Ricky.
20. Audrey, single, bought a parcel of land in Malolos City from Franco
for P 1Million. A contract was executed between them which already vested
upon Audrey full ownership of the property, although payable in monthly
installments for a period of four (4) years. One (1) year after the execution of the
contract, Audrey got married to Arnel. They executed a marriage settlement
whereby they agreed that their properties shall be governed by the regime of
conjugal partnership of gains. Thereafter, subsequent installments were paid
from the conjugal partnership funds. Is the land conjugal or paraphernal?
a) The land is conjugal because the installments were paid from the conjugal
partnership funds.
b) The land is paraphernal because ownership thereof was acquired before the
marriage.
c) The land is both conjugal and paraphernal funds of installments were paid
from both the personal funds of Audrey and the conjugal partnership funds.
d) The land is paraphernal because it was Audrey who purchased the same.
21. Ernesto donated a mobile phone worth P 32,000 to Hubert orally and
delivered the unit to Hubert who accepted. Which statement is most accurate?
a) The donation is void and Ernesto may get mobile phone back.
b) The donation is void but Ernesto cannot get the mobile phone back.
c) The donation is voidable and may be anulled.
d) The donation is valid.
22. Agay, a Filipino citizen and Topacio, an Australian citizen, got married in the
consular office of the Philippines in Australia. According to the laws of Australia,
a marriage solemnized by a consular official is valid, provided that such marriage
is celebrated in accordance with the laws of such consular official. Under
Philippine law, what is the status of the marriage of Agay and Topacio? Choose
the best answer.
a) Void, because the consular official only has authority to solemnize marriages
between Filipinos.
b) Valid, because according to the laws of Australia, such consular official has
authority to celebrate the marriage.
c) Voidable, because there is an irregularity in the authority of the consular
official to solemnize marriages.
d) Valid, because such marriage is recognized as valid in the place where it was
celebrated.
23. Separation of property between spouses during the marriage may take place
only:
a) by agreement of the spouses.
b) If one of the spouses has given ground for legal separation.
c) Upon order of the court.
d) If one spouse has abandoned the other.
24. The husband may impugn the legitimacy of his child but not on the ground
that:
a) the wife is suspected of infidelity.
b) the husband had a serious illness that prevented him from engaging in sexual
intercourse.
c) they were living apart.
d) he is physically incapable of sexual intercourse.
25. A marriage is void if:
a) solemnized with a marriage license issued without complying with the
required 10-day posting.
b) solemnized by a minister whom the parties believe to have the authority.
c) between parties both 23 years of age but without parental advice.
d) none of the above
26. In legal separation, which is not correct?
a) The aggrieved spouse may file the action within five (5) years from the time of
the occurrence of the cause.
b) No trial shall be held without the 6-month cooling off period being observed.
c) The spouses will be entitled to live separately upon the start of the trial.
d) The prosecuting attorney has to conduct his own investigation.
27. A husband by chance discovered hidden treasure on the paraphernal
property of his wife. Who owns the discovered treasure?
a) The half pertaining to the husband (finder) belongs to the conjugal
partnership.
b) The half pertaining to the wife (as owner) belongs to the conjugal partnership.
c) One half shall belong to the husband as finder and the other half shall belong
to the wife as owner of the property.
d) a and b
28. Which of the following marriages is void for reasons of public policy?
a) Between brothers and sisters, whether of the full or half blood.
b) Between step-parents and step children.
c) Between parents-in-law and children-in-law.
d) b and c
29. The following constitute the different circumstances or case of fraud which
will serves as ground for the annulment of a marriage, except?
a) Non-disclosure of the previous conviction by final judgment of the other party
of a crime involving moral turpitude.
b) Concealment of a sexually-transmissible disease, regardless of its nature,
existing at the time of the marriage.
c) Concealment of drug addiction, habitual alcoholism, homosexuality or
lesbianism existing at the time of marriage.
d) Concealment by the wife or the husband of the fact of sexual relations prior to
the marriage.
30. Which of the following is not a requisite for a valid donation propter nuptias?
a) The donation must be made before the celebration of the marriage.
b) The donation shall be automatically revoked in case of non-celebration of the
marriage.
c) The donation must be made in consideration of the marriage.
d) The donation must be made in favor of one or both of the future spouses.
31. Who are illegitimate children?
a) Children conceived or born outside a valid marriage.
b) Children born under a valid marriage, which was later declared void because
of the psychological incapacity of either or both of the spouses.
c) Children conceived and born outside a valid marriage.
d) Children born under a valid marriage, but the parents later obtained a legal
separation.
32. An illegitimate child may use the surname of his father when his filiation is
established in any of the following instances, except:
a) Filiation has been recognized by the father through the record of birth
appearing in the civil register
b) Admission of filiation by the father in a public document.
c) Private handwritten instrument is made by the father acknowledging his
filiation.
d) Affidavit by the mother stating the name of his true father.
33. Under RA 8043, an adopter is required to be at least ____ years old and ____
years older than the child to be adopted at the time of the application unless the
adopter is the parent by nature of the child.
a) 30 and 15
b) 27 and 16
c) 50 and 10
d) 18 and 15
34. Under RA 8043, a child qualified to be adopted is any person below _____
years old.
a) 18
b) 21
c) 15
d) 16
35. Which of the following DOES NOT result in permanent termination of
parental authority?
a) Death of the parents.
b) Death of the child.
c) Emancipation of the child.
d) Conviction of the parents of a crime which carries with it the penalty of civil
interdiction.
36. The court, in an action filed for the purpose, may suspend parental authority
if the parent or the person exercising parental authority commits any of the
following acts, except:
a) Treats the child with excessive harshness or cruelty.
b) Gives the child corrupting orders, counsel or example.
c) Compels the child to take up a course in college against his/her will.
d) Subjects the child or allows him to be subjected to acts of lasciviousness.
37. Which of the following statements is wrong?
a) The possessor in bad faith shall reimburse the fruits received and those which
the legitimate possessor could have received.
b) The possessor in bad faith has right of reimbursement for necessary expenses
and those for the production, gathering and preservation of the fruits.
c) The possessor in bad faith is not entitled to a refund of ornamental expenses.
d) The possessor in bad faith is entitled to a refund of useful expenses.
38. Which phrase most accurately completes the statement – The expenses
incurred in improvements for the luxury or mere pleasure shall not be refunded
to thew possessor in bad faith:
a) but he may remove the objects for which such expenses have been incurred,
provided that the thing suffers no injury thereby, and that the lawful possessor
does not prefer to retain them.
b) and he may not remove the objects for which such expenses have been
incurred.
c) and he may not remove the objects for which such expenses have been
incurred, unless he pays the value they may have at the time he entered into
possession.
d) but he may remove the objects for which such expenses have been incurred.
39. The following are the limitations on the right of ownership imposed by the
owner himself, except:
a) Will/Succession
b) Mortgage
c) Pledge
d) Lease
40. A plenary action for the recovery of the possession of real estate, upon mere
allegation and proof of a better right thereto, and without allegation of proof of
title. This action can only be brought after the expiration of one (1) year. What
action is being referred to?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdictal
d) Quieting of Title
41. Action to recover real property based on ownership. Here, the object is the
recovery of the dominion over the property as owner. What action is being
referred to?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdictal
d) Quieting of Title
42. A summary action to recover physical or material possession only and must
be brought within one (1) year from the time the cause of action arises. What
action is being referred to?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdictal
d) Quieting of Title
43. The following things are property of public dominion, except:
a) ports and bridges constructed by the State.
b) vehicles and weapons of the Armed Forces of the Philippines.
c) rivers.
d) lands reclaimed by the state from the sea.
44. Which of the following statements is wrong? a) Obligation pertains to the debtor and is determinate, due, demandable, and makes a demand on Buko to pay the debt. How much, if any, may Buko be
a) patrimonial property of the state, when no longer intended for public use or liquidated. compelled to pay?
for public service, shall become property of public dominion. b) Obligation was performed on its maturity date. a) P 200.000.00
b) all property of the State, which is not of public dominion, is patrimonial c) There is judicial or extrajudicial demand by the creditor. b) P 300,000.00
property. d) Failure of the debtor to comply with such demand. c) P 100,000.00
c) The property of provinces, cities and municipalities is divided into property for 54. It is an international evasion of the faithful performance of the obligation. d) P 150,000.00
public use and patrimonial property. a) Negligence 61. Dina bought a car from Jai and delivered a check in payment of the same. Has
d) Property is either of public dominion or of private ownership. b) Fraud Dina paid the obligation? Why?
45. The following cannot ask for the reduction of inofficious donation, except: c) Delay a) No, not yet. The delivery of promissory notes payable to order, or bills of
a) Creditors of the deceased d) Mistake exchange or other mercantile documents shall produce the effect of payment
b) Devisees or legatees 55. The following are the requisites of fortuitous event, except: only when they have been cashed, or when through the fault of the creditor they
c) Compulsory heirs of the donor a) Cause is independent of the will of the debtor. have been impaired.
d) The surviving spouse of the donee. b) The event is unforeseeable/unavoidable. b) Yes, because a check is a valid legal tender of payment.
46. Donation is perfected from the moment --- c) Occurrence renders it absolutely impossible for the debtor to fulfill his c) It depends. If the check is a manager’s check or cashier’s check it will produce
a) the donee accepts the donation. obligation in a normal manner; impossibility must be absolute not partial, the effect of payment. If it’s an ordinary check, no payment.
b) the donor executes the deed of donation. otherwise not force majeure. d) Yes, because a check is as good as cash.
c) the donor knows of the donee’s acceptance even if the latter has not received d) Debtor contributed to the aggravation of the injury to the creditor. 62. The following are the requisites of legal compensation, except:
the copy of the deed of donation. 56. A debtor may still be held liable for loss or damages even if it was caused by a) That each of the obligors is bound principally and that he be the same time a
d) the donee confirms that the donor has learned the former’s acceptance. a fortuitous event in any of the following instances, except: principal creditor of the other.
47. The following are the elements of an obligation, except: a) The debtor is guilty of dolo, malice or bad faith, has promised the same thing b) That both debts consist in a sum of money, or if the things due are
a) Juridical/Legal Tie to two or more persons who do not have the same interest. consumable, they be the same kind, and also of the same quality if the latter has
b) Active subject b) The debtor contributed to the loss. been stated.
c) Passive subject c) The thing to be delivered is generic. c) That the two (2) debts are not yet due.
d) Consideration d) The creditor is guilty of fraud, negligence or delay or if he contravened the d) That they be liquidated and demandable.
48. It is a conduct that may consist of giving, doing, or not doing something. tenor of the obligation. 63. Which of the following statements is correct?
a) Obligation 57. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the amount a) All contracts are perfected by mere consent.
b) Juridical necessity of P 5,000.00. Suppose Buko paid the obligation, what is his right as against his b) All contracts are perfected by delivery of the object.
c) Prestation co-debtors? c) All contracts are required to be in writing.
d) Contract a) Buko cas ask for reimbursement from Fermin and Toti. d) All contracts are required to have a valid consideration.
49. It is a juridical relation arising from lawful, voluntary and unilateral acts b) Buko can sue Fermin and Toti for damages. 64. It is a principle which holds that parties are bound not only by what has been
based on the principle that no one should unjustly enrich himself at the expense c) Buko can sue for rescission. expressly provided for in the contract but also to the natural consequences that
of another. d) Buko can claim a refund from Ayee. flow out of such agreement.
a) Quasi-contract 58. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the sum a) Obligatory force of contracts
b) Quasi-delict of P 10,000.00. When the obligation became due and demandable, Ayee sued b) Mutuality of contracts
c) Cotract Buko for the payment of the P 10,000.00. Buko moved to dismiss on the ground c) Autonomy of contracts
d) Delict that there was failure to implead Fermin and Toti who are indispensable parties. d) Relativity of contracts
50. The following are the elements of quasi-delict, except: Will the motion to dismiss prosper? Why? 65. It is a principle which holds that contracts must be binding to both parties
a) Act or omission a) Yes, because Fermin and Toti should have been impleaded as their obligation and its validity and effectivity can never be left to the will of one of the parties.
b) Fault/negligence is solidary. a) Obligatory force of contracts
c) Damage/injury b) No, because the creditor may proceed against any one of the solidary debtors b) Mutuality of contracts
d) Pre-existing contract or some or all of them simultaneously. c) Autonomy of contracts
51. A debtor is liable for damages in case of delay if he is guilty of any of the c) No, because a motion to dismiss is a prohibited pleading. d) Relativity of contracts
following, except: d) Yes, because Fermin and Toti should also pay their share of the obligation. 66. It refers to the rule that a contract is binding not only between
a) default (mora) 59. Buko, Fermin and Toti are solidarily debtors of Ayee. Twelve (12) years after parties but extends to the heirs, successors in interest, and assignees of the
b) mistake the obligation became due and demandable, Buko paid Ayee and later on asked parties, provided that the contract involved transmissible rights by their nature,
c) negligence (culpa) for reimbursement of Fermin’s and Toti’s shares. Is Buko correct? Why? or by stipulation or by law.
d) breach through contravention of the tenor thereof a) No, because the obligation has already prescribed. a) Obligatory force of contracts
52. This term refers to a delay on the part of both the debtor and creditor in b) Yes, because the obligation is solidary. b) Mutuality of contracts
reciprocal obligations. c) No, because in solidary obligation any one of the solidary debtors can pay the c) Autonomy of contracts
a) Mora accipiendi entire debt. d) Relativity of contracts
b) Mora solvendi d) Yes, because Fermin and Toti will be unduly enriched at the expense of Buko. 67. It is rule which holds that the freedom of the parties to contract includes the
c) Compensation morae 60. Buko, Fermin and Toti are solidary debtors under a loan obligation freedom to stipulate, provided the stipulations are not contrary to law, morals,
d) Solution indibiti of P 300,000.00 which has fallen due. The creditor has, however, condoned good customs, public order or public policy.
53. The following are the requisites of mora solvendi, except: Fermin’s entire share in the debt. Since Toti has become insolvent, the creditor a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
68. The following are the ways by which innominate contracts are
regulated, except:
a) By the stipulation of the parties.
b) By the general principles of quasi-contracts and delicts
c) By the rules governing the most analogous nominate contracts.
d) By the customs of the place.
69. An offer becomes ineffective on any of the following grounds, except:
a) Death, civil interdiction, insanity/insolvency of either party before acceptance
is conveyed.
b) Acceptance of the offer by the offeree.
c) Qualified/conditional acceptance of the offer, which becomes counter-offer.
d) Subject matter becomes illegal/impossible before acceptance is
communicated.
70. Which of the following statements is correct?
a) Offers in interrelated contracts are perfected upon consent.
b) Offers in interrelated contracts require a single acceptance.
c) Business advertisements are definite offers that require specific acceptance.
d) Advertisements for Bidders are only invitations to make proposals and the
advertiser is not bound to accept the highest/lowest bidder, unless it appears
otherwise.
71. The following are solemn contracts (Contracts which must appear in
writing), except:
a) Donations of real estate or of movables if the value exceeds P 5,000.00.
b) Stipulation to pay interest in loans.
c) Sale of land through an agent (authority must be in writing).
d) Construction contract of a building.
72. The following are rescissible contracts, except:
a) Entered into by guardian whenever ward suffers damage more than ¼ of value
of property.
b) Agreed upon in representation of absentees, if absentee suffers lesion by
more than ¼ of value of property.
c) Contracts where fraud is committed on creditor (accion pauliana).
d) Contracts entered into by minors.
73. The following are the requisites before a contract entered into in fraud of
creditors may be rescinded, except:
a) There must be credited existing prior to the celebration of the contract.
b) There must be fraud, or at least, the intent to commit fraud to the prejudice
of the creditor seeking rescission.
c) The creditor cannot in any legal manner collect his credit (subsidiary character
of rescission)
d) The object of the contract must be legally in the possession of a 3rd person in
good faith.
74. The following are the characteristics of a voidable contract, except:
a) Effective until set aside.
b) May be assailed/attacked only in an action for that purpose.
c) Can be confirmed or ratified.
d) Can be assailed only by either party.
75. The following are void contracts, except:
a) Pactum commissorium
b) Pactum de non alienando
c) Pactum leonina
d) Pacto de retro
76. The borrower in a contract of loan or mutuum must pay interest to the a) An oral sale of a parcel of land.
lender. b) A sale of land by an agent in a public instrument where his authority from the
a) If there is an agreement in writing to the effect. principal is oral.
b) As a matter of course. c) A donation of a wrist watch worth P 4,500.00.
c) If the amount borrowed is very large. d) A relatively simulated contract.
d) If the lender so demands at the maturity date. 86. Which of the following expresses a correct principle of law? Choose the best
77. The liability of the school, its administrators and teachers, or the individual, answer.
entity or institution engaged in child care over the minor child or damage caused a) Failure to disclose facts when there is a duty to reveal them, does not
by the acts or omissions of the unemancipated minor while under their constitute fraud.
supervision, instruction or custody shall be: b) Violence or intimidation does not render a contract annullable if employed
a) Joint and subsidiary not by a contracting party but by a third person.
b) Principal and solidary c) A threat to enforce one’s claim through competent authority, if the claim is
c) Principal and joint legal or just, does not vitiate consent.
d) Subsidiary and solidary. d) Absolute simulation of a contract always results in a void contract.
78. The creditor has the right to the fruits of the thing from the time: 87. Aligada orally offered to sell his two-hectare rice land to Balane
a) the thing is delivered. for P 10Million. The offer was orally accepted. By agreement, the land was to be
b) the obligation to deliver the things arises. delivered (through execution of a notarized Deed of Sale) and the price was to
c) the contract is perfected. be paid exactly one-month from their oral agreement. Which statement is most
d) the fruits are delivered. accurate?
79. If one of the parties to the contract is without juridical capacity, the contract a) If Aligada refuses to deliver the land on the agreed date despite payment by
is: Balane, the latter may not successfully sue Aligada because the contract is oral.
a) voidable b) If Aligada refused to deliver the land, Balane may successfully sue for
b) rescissible fulfillment of the obligation even if he has not tendered payment of the
c) void purchase price.
d) unenforceable c) The contract between the parties is rescissible.
80. When both parties to the contract are minors, the contract is: d) The contract between the parties is subject to ratification by the parties.
a) voidable 88. Which of the following statements is wrong?
b) rescissible a) Creditors are protected in cases of contracts intended to defraud them.
c) void b) Contracts take effect only between the parties, their assign and heirs, except
d) unenforceable in case where the rights and obligations arising from the contract are not
81. When the consent of one of the parties was vitiated, the contract is: transmissible by their nature, or by stipulation or by provision of law.
a) voidable c) If a contract should contain some stipulation in favor of a third person, he may
b) rescissible demand its fulfillment provided he communicated his acceptance to the obligor
c) void before its revocation.
d) unenforceable d) In contracts creating real rights, third persons who come into possession of
82. An obligation which is based on equity and natural law is known as: the object of the contract are not bound thereby.
a) pure 89. Which phrase most accurately completes the statement – Any third person
b) quasi-contract who induces another to violate his contract:
c) civil a) shall be liable for damages only if he is a party to the same contract.
d) natural b) shall be liable for damages to the other contracting party.
83. Consent was given by one in representation of another but without c) shall not be liable for damages to the other contracting party.
authority. The contract is: d) shall not be liable for damages if the parties are in pari delicto.
a) voidable 90. The requisites of succession are as follows, except:
b) rescissible a) Death of decedent
c) void b) Transmissible estate
d) unenforceable c) Existence and capacity of successor, designated by decedent or law
84. Michael Fermin, without the authority of Pascual Lacas, owner of a car, sold d) Payment of Taxes
the same car in the name of Mr. Lacas to Atty. Buko. The contract between Atty. 91. The characteristics of succession are as follows, except:
Buko and Mr. Lacas is --- a) It is a legal contract.
a) void because of the absence of consent from the owner, Mr. Lacas. b) Only property, rights and obligations to the extent of the value of the
b) valid because all of the essential requisites of a contract are present. inheritance are transmitted.
c) unenforceable because Michael Fermin had no authority but he sold the car in c) The transmission takes place only at the time of death.
the name of Mr. Lacas, the owner. d) The transmission takes place either by will or by operation of law.
d) rescissible because the contract caused lesion to Atty. Buko. 92. The following rights are extinguished by death, except:
85. Which of the following contracts is void? a) Legal support
b) Parental authority b) Sale of EGM’s piece of land by KRP, EGM’s agent, whose authority is not
c) Right to inherit reduced into writing.
d) Agency c) Sale of EGM’s car by KRP, a person stranger to EGM, without EGM’s consent or
93. The attestation clause contains the following, except: authority.
a) the number of pages used; d) Sale of EGM’s piece of land by KRP, a person stranger to EGM, without EGM’s
b) that the testator signed or caused another to sign the will and every page consent or authority.
thereof in the presence of the instrumental witnesses;
c) notary public;
d) the instrumental witnesses witnessed and signed the will and all the pages
thereof in the presence of the testator and one another. 2010 Civil Law
94. The following are the formalities required in the execution of holographic A had a 4-storey building which was constructed by Engineer B. After five years,
will, except: the building developed cracks and its stairway eventually gave way and
a) Entirely written; collapsed, resulting to injuries to some lessees. Who should the lessees sue for
b) Dated; damages? (1%)
c) Signed by testator himself
d) Notarized by a notary public. 1. A, the owner
95. The following are the grounds for disallowance of wills, except: 2. B, the engineer
a) The formalities required by law have not been complied with. 3. both A & B
b) The testator was insane or mentally incapable of making will. O, owner of Lot A, learning that Japanese soldiers may have buried gold and
c) The will was executed through force or under duress, or influence of fear or other treasures at the adjoining vacant Lot B belonging to spouses X & Y,
threats. excavated in Lot B where she succeeded in unearthing gold and precious stones.
d) The will contains an attestation clause. How will the treasures found by O be divided? (1%)
96. It is the omission in the testator’s will of one, some or all of the compulsory
heirs in direct line, whether living at the time of execution of the will or born 1. 100% to O as finder
after the death of the testator. What principle is being referred to? 2. 50% to O and 50% to the spouses X and Y
a) reserva troncal 3. 50% to O and 50% to the state
b) preterition 4. None of the above
c) fideicommissary A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of land
d) disposicion captatoria valued at P1 million. B was, however, out of the country at the time. For the
97. Any disposition made upon the condition that the heir shall make some donation to be valid, (1%)
provision in his will in favor of the testator or of any other person shall be void.
Here, both the condition and the disposition are void. What principle is being 1. B may e-mail A accepting the donation.
referred to? 2. The donation may be accepted by B’s father with whom he lives.
a) reserva troncal 3. B can accept the donation anytime convenient to him.
b) preterition 4. B’s mother who has a general power of attorney may accept the donation for
c) fideicommissary him.
d) disposicion captatoria 5. None of the above is sufficient to make B’s acceptance valid
98. Which phrase most accurately completes the statement – If at the time the A executed a 5-page notarial will before a notary public and three witnesses. All
contract of sale is perfected, the thing which is the object of the contract has of them signed each and every page of the will.
been entirely lost: One of the witnesses was B, the father of one of the legatees to the will. What is
a) the buyer bears the risk of loss. the effect of B being a witness to the will? (1%)
b) the contract shall be without any effect.
c) the seller bears the risk of loss. 1. The will is invalidated
d) the buyer may withdraw from the contract. 2. The will is valid and effective
99. A contract granting a privilege to a person, for which he has paid a 3. The legacy given to B’s child is not valid
consideration, which gives him the right to buy certain merchandise or specified
property, from another person, at anytime within the agreed period, at a fixed
price. What contract is being referred to?
a) Option Contract
b) Contract to Sell
c) Contract of Sale
d) Lease
100. Which of the following contracts of sale is void?
a) Sale of EGM’s car by KRP, EGM’s agent, whose authority is not reduced into
writing.
2013 Bar Exam
(1)When does a declaration of absence of a missing person take effect?
(A) Immediately from the issuance of the declaration of absence.
(B) 3 months after the publication of the declaration of absence.
(C) 6 months after the publication of the declaration of absence.
(D) 15 days from the issuance of the declaration of absence.
(2) The authority that school administrators exercise over school children under
their supervision, instruction, or custody is called
(A) legal parental authority.
(B) substitute parental authority.
(C) ordinary parental authority.
(D) special parental authority.
(3) Can future inheritance be the subject of a contract of sale?
(A) No, since it will put the predecessor at the risk of harm from a tempted
buyer, contrary to public policy.
(B) Yes, since the death of the decedent is certain to occur.
(C) No, since the seller owns no inheritance while his predecessor lives.
(D) Yes, but on the condition that the amount of the inheritance can only be
ascertained after the obligations of the estate have been paid.
(4) Upon the proposal of a third person, a new debtor substituted the original
debtor without the latter’s consent. The creditor accepted the substitution.
Later, however, the new debtor became insolvent and defaulted in his
obligation. What is the effect of the new debtor’s default upon the original
debtor?
(A) The original debtor is freed of liability since novation took place and this
relieved him of his obligation.
(B) The original debtor shall pay or perform the obligation with recourse to the
new debtor.
(C) The original debtor remains liable since he gave no consent to the
substitution.
(D) The original debtor shall pay or perform 50% of the obligation to avoid unjust
enrichment on his part.
(5) Lennie bought a business class ticket from Alta Airlines. As she checked in,
the manager downgraded her to economy on the ground that a Congressman
had to be accommodated in the business class. Lennie suffered the discomfort
and embarrassment of the downgrade. She sued the airlines for quasi-delict but
Alta Airlines countered that, since her travel was governed by a contract
between them, no quasi-delict could arise. Is the airline correct?
(A) No, the breach of contract may in fact be tortious as when it is tainted as in
this case with arbitrariness, gross bad faith, and malice.
(B) No, denying Lennie the comfort and amenities of the business class as
provided in the ticket is a tortious act.
(C) Yes, since the facts show a breach of contract, not a quasi-delict.
(D) Yes, since quasi-delict presupposes the absence of a pre-existing contractual
relation between the parties.
(6) Which of the following is an indispensable requirement in an action for
"quieting of title" involving real property? The plaintiff must
(A) be in actual possession of the property.
(B) be the registered owner of the property.
(C) have legal or equitable title to the property.
(D) be the beneficial owner of the property.
(7) X and Y were to marry in 3 months. Meantime, to express his affection, X
donated a house and lot to Y, which donation X wrote in a letter to Y. Y wrote
back, accepting the donation and took possession of the property. Before the
wedding, however, Y suddenly died of heart attack. Can Y’s heirs get the
property?
(A) No, since the marriage did not take place.
(B) Yes, since all the requisites of a donation of an immovable are present.
(C) No, since the donation and its acceptance are not in a public instrument.
(D) Yes, since X freely donated the property to Y who became its owner.
(8) Rene and Lily got married after a brief courtship. After one month, Lily
discovered that while Rene presented himself as a macho man he was actually
gay. He would not go to bed with her. He kept obscene magazines of nude men
and always sought the company of handsome boys. What legal remedy does Lily
have?
(A) She can file an action for annulment of marriage on ground of fraud.
(B) She can seek a declaration of nullity of the marriage based on Rene’s
psychological incapacity.
(C) She can go abroad and file for divorce in a country that can grant it.
(D) She has none since she had the opportunity to examine the goods and freely
entered into the marriage.
(9) Lucio executed a simple deed of donation of P50 million on time deposit with
a bank in favor of A, B, C, D, and E, without indicating the share of each donee.
All the donees accepted the donation in writing. A, one of the donees, died. Will
B, C, D, and E get A’s share in the money?
(A) Yes, accretion will automatically apply to the joint-donees in equal shares.
(B) Yes, since the donor’s intention is to give the whole of P50 million to the
jointdonees in equal shares.
(C) No, A"s share will revert to the donor because accretion applies only if the
joint-donees are spouses.
(D) No, A’s share goes to his heirs since the donation did not provide for
reversion to donor.
(10) Raul, Ester, and Rufus inherited a 10-hectare land from their father. Before
the land could be partitioned, however, Raul sold his hereditary right to Raffy, a
stranger to the family, for P5 million. Do Ester and Rufus have a remedy for
keeping the land within their family?
(A) Yes, they may be subrogated to Raffy’s right by reimbursing to him within the
required time what he paid Raul.
(B) Yes, they may be subrogated to Raffy’s right provided they buy him out
before he registers the sale.
(C) No, they can be subrogated to Raffy’s right only with his conformity.
(D) No, since there was no impediment to Raul selling his inheritance to a
stranger.
(11) When one exercises a right recognized by law, knowing that he thereby
causes an injustice to another, the latter is entitled to recover damages. This is
known as the principle of
(A) res ipsa loquitur.
(B) damnum absque injuria.
(C) vicarious liability.
(D) abuse of rights.
(12) Which of the following is NOT a basis for rendering a disinheritance
defective or imperfect?
(A) Its cause comes from the guilt of a spouse in a legal separation case, the
innocent-spouse having died.
(B) The truth of its cause is denied and not sufficiently proved by evidence.
(C) Its cause is not authorized by the law.
(D) Its cause is not specified.
(13) Manuel came to Manila and married Marianne. Unknown to Marianne,
Manuel had been previously convicted in Palawan of theft and served time for it.
After Marianne learned of his previous conviction, she stopped living with him.
Can Marianne seek the annulment of the marriage based on Manuel’s
nondisclosure of his previous crime?
(A) No, since the assumption is that marriage forgives all past wrongs.
(B) Yes, since the non-disclosure of that crime is the equivalent of fraud, which is
a ground for annulment.
(C) No, in case of doubt, the law must be construed to preserve the institution of
marriage.
(D) No, since Manuel already served the penalty for his crime.
(14) Arthur and Helen, both Filipinos, got married and had 2 children. Arthur
later worked in Rome where he acquired Italian citizenship. He got a divorce
from Helen in Rome but, on returning to the Philippines, he realized his mistake,
asked forgiveness of his wife, and resumed living with her. They had 2 more
children. What is the status of their 4 children?
(A) The children born before the divorce are legitimate but those born after it
are not since Arthur got the divorce when he had ceased to be a Filipino.
(B) The divorce rendered illegitimate the children born before it since the
marriage that begot them had been nullified.
(C) The children born before and after the divorce are all legitimate since
Philippine law does not recognize divorce.
(D) All the children are legitimate since they were born of the same father and
mother.
(15) Who can make a donation?
(A) All persons who can enter into contracts and dispose of their property.
(B) All persons who are of legal age and suffer from no civil interdiction.
(C) All persons who can make a last will and testament.
(D) All persons, whether natural or artificial, who own property.
(16) The liability of the partners, including industrial partners for partnership
contracts entered into in its name and for its account, when all partnership
assets have been exhausted is
(A) Pro-rata.
(B) Joint.
(C) Solidary.
(D) Voluntary.
(17) When can a missing person who left someone to administer his property be
declared an absentee by the court? When he has been missing for
(A) 2 years from the receipt of the last news about him.
(B) 7 years from the receipt of the last news about him.
(C) 10 years from the receipt of the last news about him.
(D) 5 years from the receipt of the last news about him.
(18) Which of the following claims against the debtor enjoys preference over the
others with respect to his specific immovable property and real rights?
(A) Unpaid price of real property sold, upon the immovable property.
(B) Mortgage credits recorded in the registry of property, upon the mortgaged
real estate.
(C) Taxes due, upon the land or building.
(D) Expenses for the preservation and improvement of property, when the law
authorizes reimbursement, upon the preserved or improved immovable.
(19) When bilateral contracts are vitiated with vices of consent, they are
rendered
(A) rescissible.
(B) void.
(C) unenforceable.
(D) voidable.
(20) An agent, authorized by a special power of attorney to sell a land belonging
to the principal succeeded in selling the same to a buyer according to the
instructions given the agent. The agent executed the deed of absolute sale on
behalf of his principal two days after the principal died, an event that neither the
agent nor the buyer knew at the time of the sale. What is the standing of the
sale?
(A) Voidable.
(B) Valid.
(C) Void.
(D) Unenforceable.
(21) Spouses A and B leased a piece of land belonging to B's parents for 25 years.
The spouses built their house on it worth P300,000.00. Subsequently, in a case
that C filed against A and B, the court found the latter liable to C for
P200,000.00. When the sheriff was attaching their house for the satisfaction of
the judgment, A and B claimed that it was exempt from execution, being a family
home. Is this claim correct?
(A) Yes, because while B’s parents own the land, they agreed to have their
daughter build her family home on it.
(B) No, because there is no judicial declaration that it is a family home.
(C) No, since the land does not belong to A and B, it cannot qualify as a family
home.
(D) Yes, because the A and B’s family actually lives in that house.
(22) Solomon sold his coconut plantation to Aragon, Inc. for P100 million,
payable in installments of P10 million per month with 6% interest per annum.
Solomon married Lorna after 5 months and they chose conjugal partnership of
gains to govern their property relations. When they married, Aragon had an
unpaid balance of P50 million plus interest in Solomon’s favor. To whom will
Aragon’s monthly payments go after the marriage?
(A) The principal shall go to the conjugal partnership but the interests to
Solomon.
(B) Both principal and interests shall go to Solomon since they are his exclusive
properties.
(C) Both principal and interests shall go to the conjugal partnership since these
become due after the marriage.
(D) The principal shall go to Solomon but the interests to the conjugal
partnership.
(23) X and Y, although not suffering from any impediment, cohabited as husband
and wife without the benefit of marriage. Following the birth of their child, the
couple got married. A year after, however, the court annulled the marriage and
issued a decree of annulment. What is the present status of the child?
(A) Legitimated.
(B) Illegitimate.
(C) Natural child.
(D) Legitimate.
(24) When A and B married, they chose conjugal partnership of gains to govern
their property relations. After 3 years, B succeeded in getting her marriage to A
annulled on ground of the latter’s psychological incapacity. What liquidation
procedure will they follow in disposing of their assets?
(A) They will follow the rule governing the liquidation of a conjugal partnership
of gains where the party who acted in bad faith forfeits his share in the net
profits.
(B) Since the marriage has been declared void, the rule for liquidation of
absolute community of property shall be followed.
(C) The liquidation of a co-ownership applies since the annulment brought their
property relation under the chapter on property regimes without marriage.
(D) The law on liquidation of partnerships applies.
(25) X and Y agreed verbally before their marriage (a) on the paternity of the
illegitimate child of Y and (b) on the economic regime that will govern X and Y’s
property relations. Is the verbal agreement valid?
(A) No, because a marriage settlement to be valid should be in writing.
(B) Yes, since ante-nuptial agreements need not be in writing.
(C) No, because a marriage settlement cannot include an agreement on the
paternity of an illegitimate child.
(D) Yes, since even if it is not a valid marriage settlement, it is a valid verbal
contract.
(26) Spouses X and Y have a minor daughter, Z, who needs support for her
education. Both X and Y, who are financially distressed, could not give the
needed support to Z. As it happens, Z’s other relatives are financially capable of
giving that support. From whom may Z first rightfully demand support? From her
(A) grandfather.
(B) brother.
(C) uncle.
(D) first cousin.
(27) Fidel, a Filipino with fair complexion, married Gloria. Before the marriage,
Gloria confessed to Fidel that she was two-month pregnant with the child of a
black African who had left the country for good. When the child was born, Fidel
could not accept it being too black in complexion. What is the status of the child?
(A) Illegitimate, because Gloria confessed that the child is not Fidel’s.
(B) Illegitimate, because by the color of its skin, the child could not possibly be
that of Fidel.
(C) Legitimate, because the child was born within a valid marriage.
(D) Legitimate, because Fidel agreed to treat the child as his own after Gloria told
him who the father was.
(28) The husband’s acts of forcibly ejecting his wife without just cause from the
conjugal dwelling and refusing to take her back constitutes
(A) desertion.
(B) recrimination.
(C) constructive abandonment.
(D) de facto separation.
(29) In his will, the testator designated X as a legatee to receive P2 million for the
purpose of buying an ambulance that the residents of his Barangay can use.
What kind of institution is this?
(A) a fideicomissary institution.
(B) a modal institution.
(C) a conditional institution.
(D) a collective institution.
(30) X insured himself for P5 million, designating Y, his wife, as his sole
beneficiary. The designation was irrevocable. A few years later, X had their
marriage annulled in court on the ground that Y had an existing prior marriage. X
subsequently died, Is Y entitled to the insurance benefits?
(A) Yes, since the insurance was not dependent on the marriage.
(B) Yes, since her designation as beneficiary was irrevocable.
(C) No, X’s designation of Y is revoked by operation of law upon the annulment
of their marriage based on Y’s fault.
(D) Yes, since without judicial revocation, X’s designation of Y remains valid and
binding.
(31) May a spouse freely donate communal or conjugal property without the
consent of the other?
(A) Absolutely not, since the spouses co-own such property.
(B) Yes, for properties that the family may spare, regardless of value.
(C) Yes, provided the donation is moderate and intended for charity or family
rejoicing.
(D) Yes, in a donation mortis causa that the donor may still revoke in his lifetime.
(32) The decedent died intestate leaving an estate of P10 million. He left the
following heirs: a) Marlon, a legitimate child and b) Cecilia, the legal spouse.
Divide the estate.
(A) Marlon gets 1/4 and Cecilia gets 3/4.
(B) Marlon gets 2/3 and Cecilia 1/3.
(C) Marlon gets 1/2 and Cecilia gets 1/2.
(D) Marlon gets 3/4 and Cecilia 1/4.
(33) Contracts take effect only between the parties or their assigns and heirs,
except where the rights and obligations arising from the contract are not
transmissible by their nature, by stipulation, or by provision of law. In the latter
case, the assigns or the heirs are not bound by the contracts. This is known as
the principle of
(A) Relativity of contracts.
(B) Freedom to stipulate.
(C) Mutuality of contracts.
(D) Obligatory force of contracts.
(34) A buyer ordered 5,000 apples from the seller at P20 per apple. The seller
delivered 6,000 apples. What are the rights and obligations of the buyer?
(A) He can accept all 6,000 apples and pay the seller at P20 per apple.
(B) He can accept all 6,000 apples and pay a lesser price for the 1,000 excess
apples.
(C) He can keep the 6,000 apples without paying for the 1,000 excess since the
seller delivered them anyway.
(D) He can cancel the whole transaction since the seller violated the terms of
their agreement.
(35) Lino entered into a contract to sell with Ramon, undertaking to convey to
the latter one of the five lots he owns, without specifying which lot it was, for
the price of P1 million. Later, the parties could not agree which of five lots he
owned Lino undertook to sell to Ramon. What is the standing of the contract?
(A) Unenforceable.
(B) Voidable.
(C) Rescissible.
(D) Void.
(36) Knowing that the car had a hidden crack in the engine, X sold it to Y without
informing the latter about it. In any event, the deed of sale expressly stipulated
that X was not liable for hidden defects. Does Y have the right to demand from X
a reimbursement of what he spent to repair the engine plus damages?
(A) Yes. X is liable whether or not he was aware of the hidden defect.
(B) Yes, since the defect was not hidden; X knew of it but he acted in bad faith in
not disclosing the fact to Y.
(C) No, because Y is in estoppel, having changed engine without prior demand.
(D) No, because Y waived the warranty against hidden defects.
(37) Acme Cannery produced sardines in cans known as "Sards." Mylene bought
a can of Sards from a store, ate it, and suffered from poisoning caused by a
noxious substance found in the sardines. Mylene filed a case for damages against
Acme. Which of the following defenses will hold?
(A) The expiry date of the "Sards" was clearly printed on its can, still the store
sold and Mylene bought it.
(B) Mylene must have detected the noxious substance in the sardines by smell,
yet she still ate it.
(C) Acme had no transaction with Mylene; she bought the "Sards" from a store,
not directly from Acme.
(D) Acme enjoys the presumption of safeness of its canning procedure and
Mylene has not overcome such presumption.
(38) Fernando executed a will, prohibiting his wife Marina from remarrying after
his death, at the pain of the legacy of P100 Million in her favor becoming a
nullity. But a year after Fernando’s death, Marina was so overwhelmed with love
that she married another man. Is she entitled to the legacy, the amount of which
is well within the capacity of the disposable free portion of Fernando’s estate?
(A) Yes, since the prohibition against remarrying is absolute, it is deemed not
written.
(B) Yes, because the prohibition is inhuman and oppressive and violates Marina’s
rights as a free woman.
(C) No, because the nullity of the prohibition also nullifies the legacy.
(D) No, since such prohibition is authorized by law and is not repressive; she
could remarry but must give up the money.
(39) X, the owner, constituted a 10-year usufruct on his land as well as on the
building standing on it in Y’s favor. After flood totally destroyed the building 5
years later, X told Y that an act of God terminated the usufruct and that he
should vacate the land. Is X, the owner of the land, correct?
(A) No, since the building was destroyed through no fault of Y.
(B) No, since Y still has the right to use the land and the materials left on it.
(C) Yes, since Y cannot use the land without the building.
(D) Yes, since the destruction of the building without the X’s fault terminated the
usufruct.
(40) In gratitude, the groom’s parents made a donation of a property in writing
to the bride’s parents shortly before their children’s wedding. The donation was
accepted. What is the nature of the donation?
(A) It is an ordinary donation since it was not given to the bride or groom.
(B) It is donation propter nuptias since it was given with the marriage in mind.
(C) It is an indirect donation propter nuptias since the bride would eventually
inherit the property from her parents.
(D) It is a remunatory donation.
(41) X and Y, both Filipinos, were married and resided in Spain although they
intend to return to the Philippines at some future time. They have not executed
any marriage settlements. What law governs their property relations?
(A) They may choose between Spanish law and Philippine law.
(B) Philippine law since they are both Filipinos.
(C) No regime of property relations will apply to them.
(D) Spanish law since they live in Spain.
(42) Birth determines personality. Death extinguishes it. Under what
circumstances may the personality of a deceased person continue to exist?
(A) In case of re-appearance of a missing person presumed dead.
(B) In protecting the works of a deceased under intellectual property laws.
(C) In case of declaration of presumptive death of a missing spouse.
(D) In the settlement of the estate of a deceased person.
(43) Six tenants sued X, the landowner, for willfully denying them water for their
farms, which water happened to flow from land under X’s control, his intention
being to force them to leave his properties. Is X liable for his act and why?
(A) No, because the tenants must be content with waiting for rainfall for their
farms.
(B) No, since X owns both the land and the water.
(C) Yes, because the tenants’ farms have the natural right of access to water
wherever it is located.
(D) Yes, since X willfully caused injury to his tenants contrary to morals, good
customs or public policy.
(44) Illegitimate brothers and sisters, whether of full or half-blood, are bound to
support each other, EXCEPT when
(A) the brother or sister who needs support lives in another place.
(B) such brothers and sisters are not recognized by their father.
(C) the brother or sister in need stops schooling without valid reason.
(D) the need for support of a brother or sister, already of age, is due to the
latter's fault.
(45) Virgilio owned a bare and simple swimming pool in his garden. MB, a 7-year
old child, surreptitiously entered the garden and merrily romped around the
ledges of the pool. He accidentally tripped, fell into the pool, and drowned. MB’s
parents sued Virgilio for damages arising from their child’s death, premised on
the principle of "attractive nuisance". Is Virgilio liable for the death of MB?
(A) No, the child was 7 years old and knew the dangers that the pool offered.
(B) Yes, being an attractive nuisance, Virgilio had the duty to prevent children
from coming near it.
(C) No, since the pool was bare and had no enticing or alluring gadgets, floats, or
devices in it that would attract a 7-year old child.
(D) Yes, since Virgilio did not cover the swimming pool while not in use to
prevent children from falling into it.
(46) The term of a 5-year lease contract between X the lessor and Y the lessee,
where rents were paid from month to month, came to an end. Still, Y continued
using the property with X’s consent. In such a case, it is understood that they
impliedly renewed the lease
(A) from month to month under the same conditions as to the rest.
(B) under the same terms and conditions as before.
(C) under the same terms except the rent which they or the court must fix.
(D) for only a year, with the rent raised by 10% pursuant to the rental control
law.
(47) Rex, a philanthropist, donated a valuable lot to the municipality on the
condition that it will build a public school on such lot within 2 years from its
acceptance of the donation. The municipality properly accepted the donation
but did not yet build the public school after 2 years. Can Rex revoke the
donation?
(A) Yes, since the donation is subject to a resolutory condition which was not
fulfilled.
(B) No, but Rex is entitled to recover the value of the land from the municipality.
(C) No, the transfer of ownership has been completed.
(D) Yes, the donation is not deemed made until the suspensive condition has
been fulfilled.
(48) Illegitimate children, those not recognized by their biological fathers, shall
use the surname of their
(A) biological father subject to no condition.
(B) mother or biological father, at the mother’s discretion.
(C) mother.
(D) biological father unless he judicially opposes it.
(49) Asiong borrowed P1 million from a bank, secured by a mortgage on his land.
Without his consent, his friend Boyong paid the whole loan. Since Asiong
benefited from the payment, can Boyong compel the bank to subrogate him in
its right as mortgagee of Asiong's land?
(A) No, but the bank can foreclose and pay Boyong back.
(B) No, since Boyong paid for Asiong’s loan without his approval.
(C) Yes, since a change of creditor took place by novation with the bank’s
consent.
(D) Yes, since it is but right that Boyong be able to get back his money and, if not,
to foreclose the mortgage in the manner of the bank.
(50) Congress passed a law imposing taxes on income earned out of a particular
activity that was not previously taxed. The law, however, taxed incomes already
earned within the fiscal year when the law took effect. Is the law valid?
(A) No, because laws are intended to be prospective, not retroactive.
(B) No, the law is arbitrary in that it taxes income that has already been spent.
(C) Yes, since tax laws are the lifeblood of the nation.
(D) Yes, tax laws are an exception; they can be given retroactive effect.
(51) Rudolf borrowed P1 million from Rodrigo and Fernando who acted as
solidary creditors. When the loan matured, Rodrigo wrote a letter to Rudolf,
demanding payment of the loan directly to him. Before Rudolf could comply,
Fernando went to see him personally to collect and he paid him. Did Rudolf
make a valid payment?
(A) No, since Rudolf should have split the payment between Rodrigo and
Fernando.
(B) No, since Rodrigo, the other solidary creditor, already made a prior demand
for payment from Rudolf.
(C) Yes, since the payment covers the whole obligation.
(D) Yes, since Fernando was a solidary creditor, payment to him extinguished the
obligation.
(52) What happens to the property regimes that were subsisting under the New
Civil Code when the Family Code took effect?
(A) The original property regimes are immutable and remain effective.
(B) Those enjoying specific regimes under the New Civil Code may adopt the
regime of absolute community of property under the Family Code.
(C) Those that married under the New Civil Code but did not choose any of its
regimes shall now be governed by the regime of absolute community of
property.
(D) They are superseded by the Family Code which has retroactive effect.
(53) The testator executed a will following the formalities required by the law on
succession without designating any heir. The only testamentary disposition in
the will is the recognition of the testator's illegitimate child with a popular
actress. Is the will valid?
(A) Yes, since in recognizing his illegitimate child, the testator has made him his
heir.
(B) No, because the non-designation of heirs defeats the purpose of a will.
(C) No, the will comes to life only when the proper heirs are instituted.
(D) Yes, the recognition of an illegitimate heir is an ample reason for a will.
(54) A left B, his wife, in the Philippines to work in Egypt but died in that country
after a year’s continuous stay. Two months after A’s death, B gave birth to a
child, claiming it is A’s child. Who can assail the legitimacy of the child?
(A) A’s other heirs apart from B.
(B) The State which has interest in the welfare of overseas contract workers.
(C) Any one who is outraged by B’s claim.
(D) No one since A died.
(55) QR and TS who had a marriage license requested a newly appointed Judge
in Manila to marry them on the beach of Boracay. Since the Judge maintained
Boracay as his residence, he agreed. The sponsors were all public officials. What
is the status of the marriage.
(A) Valid, since the improper venue is merely an irregularity; all the elements of a
valid marriage are present.
(B) Void, because the couple did not get local permit for a beach wedding.
(C) Voidable, because the Judge acted beyond his territorial jurisdiction and is
administratively liable for the same.
(D) Void, because the Judge did not solemnize the marriage within the premises
of his court.
(56) X and Y, Filipinos, got married in Los Angeles, USA, using a marriage license
issued by the Philippine consul in Los Angeles, acting as Civil Registrar. X and Y
did not know that they were first cousins because their mothers, who were
sisters, were separated when they were quite young. Since X did not want to
continue with the relation when he heard of it, he left Y, came to the Philippines
and married Z. Can X be held liable for bigamy?
(A) No since X’s marriage to Y is void ab initio or did not exist.
(B) No since X acted in good faith, conscious that public policy did not approve of
marriage between first cousins.
(C) Yes since he married Z without first securing a judicial declaration of nullity of
his marriage to Y.
(D) Yes since his first marriage to Y in Los Angeles is valid.
(57) Allan bought Billy’s property through Carlos, an agent empowered with a
special power of attorney (SPA) to sell the same. When Allan was ready to pay as
scheduled, Billy called, directing Allan to pay directly to him. On learning of this,
Carlos, Billy's agent, told Allan to pay through him as his SPA provided and to
protect his commission. Faced with two claimants, Allan consigned the payment
in court. Billy protested, contending that the consignation is ineffective since no
tender of payment was made to him. Is he correct?
(A) No, since consignation without tender of payment is allowed in the face of
the conflicting claims on the plaintiff.
(B) Yes, as owner of the property sold, Billy can demand payment directly to
himself.
(C) Yes, since Allan made no announcement of the tender.
(D) Yes, a tender of payment is required for a valid consignation.
(58) X sold Y 100 sacks of rice that Y was to pick up from X’s rice mill on a
particular date. Y did not, however, appear on the agreed date to take delivery
of the rice. After one week, X automatically rescinded the sale without notarial
notice to Y. Is the rescission valid?
(A) Yes, automatic rescission is allowed since, having the character of movables
and consumables, rice can easily deteriorate.
(B) No, the buyer is entitled to a customary 30-day extension of his obligation to
take delivery of the goods.
(C) No, since there was no express agreement regarding automatic rescission.
(D) No, the seller should first determine that Y was not justified in failing to
appear.
(59) The wife filed a case of legal separation against her husband on the ground
of sexual infidelity without previously exerting earnest efforts to come to a
compromise with him. The judge dismissed the case for having been filed
without complying with a condition precedent. Is the dismissal proper?
(A) No, efforts at a compromise will only deepen the wife’s anguish.
(B) No, since legal separation like validity of marriage is not subject to
compromise agreement for purposes of filing.
(C) Yes, to avoid a family feud that is hurtful to everyone.
(D) Yes, since the dispute could have been settled with the parties agreeing to
legal separation.
(60) An Australian living in the Philippines acquired shares of stock worth P10
million in food manufacturing companies. He died in Manila, leaving a legal wife
and a child in Australia and a live-in partner with whom he had two children in
Manila. He also left a will, done according to Philippine laws, leaving all his
properties to his live-in partner and their children. What law will govern the
validity of the disposition in the will?
(A) Australia law since his legal wife and legitimate child are Australians and
domiciled in Australia.
(B) Australian law since the intrinsic validity of the provisions of a will is governed
by the decedent’s national law.
(C) Philippine law since the decedent died in Manila and he executed his will
according to such law.
(D) Philippine law since the decedent’s properties are in the Philippines.
(61) X bought a land from Y, paying him cash. Since they were friends, they did
not execute any document of sale. After 7 years, the heirs of X asked Y to
execute a deed of absolute sale to formalize the verbal sale to their father.
Unwilling to do so, X’s heirs filed an action for specific performance against Y.
Will their action prosper?
(A) No, after more than 6 years, the action to enforce the verbal agreement has
already elapsed.
(B) No, since the sale cannot under the Statute of Frauds be enforced.
(C) Yes, since X bought the land and paid Y for it.
(D) Yes, after full payment, the action became imprescriptible.
(62) A court declared Ricardo, an old bachelor, an absentee and appointed
Cicero administrator of his property. After a year, it was discovered that Ricardo
had died abroad. What is the effect of the fact of his death on the administration
of his property?
(A) With Ricardo no longer an absentee but a deceased person, Cicero will cease
to be administrator of his properties.
(B) The administration shall be given by the court having jurisdiction over the
intestate proceedings to a new administrator whom it will appoint.
(C) Cicero automatically becomes administrator of Ricardo’s estate until judicially
relieved.
(D) Cicero’s alienations of Ricardo's property will be set aside.
(63) Baldo, a rejected suitor, intimidated Judy into marrying him. While she
wanted to question the validity of their marriage two years after the intimidation
ceased, Judy decided in the meantime to freely cohabit with Baldo. After more
than 5 years following their wedding, Judy wants to file a case for annulment of
marriage against Baldo on ground of lack of consent. Will her action prosper?
(A) Yes, the action for annulment is imprescriptible.
(B) No, since the marriage was merely voidable and Judy ratified it by freely
cohabiting with Baldo after the force and intimidation had ceased .
(C) No, since the action prescribed 5 years from the date of the celebration of
the marriage.
(D) Yes, because the marriage was celebrated without Judy's consent freely
given.
(64) Is the wife who leaves her husband without just cause entitled to support?
(A) No, because the wife must always be submissive and respectful to the
husband.
(B) Yes. The marriage not having been dissolved, the husband continues to have
an obligation to support his wife.
(C) No, because in leaving the conjugal home without just cause, she forfeits her
right to support.
(D) Yes, since the right to receive support is not subject to any condition.
(65) In the order of intestate succession where the decedent is legitimate, who is
the last intestate heirs or heir who will inherit if all heirs in the higher level are
disqualified or unable to inherit?
(A) Nephews and nieces.
(B) Brothers and sisters.
(C) State.
(D) Other collateral relatives up to the 5th degree of consanguinity.
(66) Roy and Carlos both undertook a contract to deliver to Sam in Manila a boat
docked in Subic. Before they could deliver it, however, the boat sank in a storm.
The contract provides that fortuitous event shall not exempt Roy and Carlos
from their obligation. Owing to the loss of the motor boat, such obligation is
deemed converted into one of indemnity for damages. Is the liability of Roy and
Carlos joint or solidary?
(A) Neither solidary nor joint since they cannot waive the defense of fortuitous
event to which they are entitled.
(B) Solidary or joint upon the discretion of Sam.
(C) Solidary since Roy and Carlos failed to perform their obligation to deliver the
motor boat.
(D) Joint since the conversion of their liability to one of indemnity for damages
made it joint.
(67) Joanne married James, a person with no known relatives. Through James'
hard work, he and his wife Joane prospered. When James died, his estate alone
amounted to P100 million. If, in his will, James designates Joanne as his only heir,
what will be the free portion of his estate.
(A) Joanne gets all; estate has no free portion left.
(B) Joanne gets 1/2; the other half is free portion.
(C) Joanne gets 1/3; the remaining 2/3 is free portion.
(D) Joanne gets 1/4; the remaining 3/4 is free portion.
(68) A warranty inherent in a contract of sale, whether or not mentioned in it, is
known as the
(A) warranty on quality.
(B) warranty against hidden defects.
(C) warranty against eviction.
(D) warranty in merchantability.
(69) The doctrine of stare decisis prescribes adherence to precedents in order to
promote the stability of the law. But the doctrine can be abandoned
(A) When adherence to it would result in the Government’s loss of its case.
(B) When the application of the doctrine would cause great prejudice to a
foreign national.
(C) When necessary to promote the passage of a new law.
(D) When the precedent has ceased to be beneficial and useful.
(70) Ric and Josie, Filipinos, have been sweethearts for 5 years. While working in
a European country where the execution of joint wills are allowed, the two of
them executed a joint holographic will where they named each other as sole heir
of the other in case either of them dies. Unfortunately, Ric died a year later. Can
Josie have the joint will successfully probated in the Philippines?
(A) Yes, in the highest interest of comity of nations and to honor the wishes of
the deceased.
(B) No, since Philippine law prohibits the execution of joint wills and such law is
binding on Ric and Josie even abroad.
(C) Yes, since they executed their joint will out of mutual love and care, values
that the generally accepted principles of international law accepts.
(D) Yes, since it is valid in the country where it was executed, applying the
principle of "lex loci celebrationis."
(71) ML inherited from his father P5 million in legitime but he waived it in a
public instrument in favor of his sister QY who accepted the waiver in writing.
But as it happened, ML borrowed P6 million from PF before the waiver. PF
objected to the waiver and filed an action for its rescission on the ground that he
had the right to ML’s P5 million legitime as partial settlement of what ML owed
him since ML has proved to be insolvent. Does PF, as creditor, have the right to
rescind the waiver?
(A) No, because the waiver in favor of his sister QY amounts to a donation and
she already accepted it.
(B) Yes, because the waiver is prejudicial to the interest of a third person whose
interest is recognized by law.
(C) No, PF must wait for ML to become solvent and, thereafter, sue him for the
unpaid loan.
(D) Yes, because a legitime cannot be waived in favor of a specific heir; it must
be divided among all the other heirs.
(72) While engaged to be married, Arnold and Josephine agreed in a public
instrument to adopt out the economic regime of absolute community of
property. Arnold acknowledged in the same instrument that Josephine’s
daughter Mary, is his illegitimate child. But Josephine died before the marriage
could take place. Does the marriage settlement have any significance?
(A) None, since the instrument containing the marriage settlement is essentially
void for containing an unrelated matter.
(B) Yes, insofar as Arnold acknowledged Mary as his illegitimate child.
(C) None, since the marriage did not take place.
(D) Yes, if they acquired properties while living together as husband and wife.
(73) Joseph, a 17-year old Filipino, married Jenny, a 21-year old American in
Illinois, USA, where the marriage was valid. Their parents gave full consent to the
marriage of their children. After three years, Joseph filed a petition in the USA to
promptly divorce Jenny and this was granted. When Joseph turned 25 years, he
returned to the Philippines and married Leonora. What is the status of this
second marriage?
(A) Void, because he did not cause the judicial issuance of declaration of the
nullity of his first marriage to Jenny before marrying Leonora.
(B) Valid, because Joseph's marriage to Jenny is void, he being only 17 years of
age when he married her.
(C) Valid, because his marriage to Leonora has all the elements of a valid
marriage.
(D) Void, because Joseph is still considered married to Jenny since the Philippines
does not recognize divorce.
(74) T died intestate, leaving an estate of P9,000,000. He left as heirs three
legitimate children, namely, A, B, and C. A has two children, D and E. Before he
died, A irrevocably repudiated his inheritance from T in a public instrument filed
with the court. How much, if any, will D and E, as A’s children, get from T’s
estate?
(A) Each of D and E will get P1,500,000 by right of representation since their
father repudiated his inheritance.
(B) Each of D and E will get P2,225,000 because they will inherit from the estate
equally with B and C.
(C) D and E will get none because of the repudiation; "B" and "C" will get A’s
share by right of accretion.
(D) Each of D and E will get P2,000,000 because the law gives them some
advantage due to the demise of "A".
(75) No decree of legal separation can be issued
(A) unless the children’s welfare is attended to first.
(B) without prior efforts at reconciliation shown to be futile.
(C) unless the court first directs mediation of the parties.
(D) without prior investigation conducted by a public prosecutor.
(76) X, who was abroad, phoned his brother, Y, authorizing him to sell X’s parcel
of land in Pasay. X sent the title to Y by courier service. Acting for his brother, Y
executed a notarized deed of absolute sale of the land to Z after receiving
payment. What is the status of the sale?
(A) Valid, since a notarized deed of absolute sale covered the transaction and full
payment was made.
(B) Void, since X should have authorized agent Y in writing to sell the land.
(C) Valid, since Y was truly his brother X’s agent and entrusted with the title
needed to effect the sale.
(D) Valid, since the buyer could file an action to compel X to execute a deed of
sale.
(77) In a true pacto de retro sale, the title and ownership of the property sold are
immediately vested in the vendee a retro subject only to the resolutory
condition of repurchase by the vendor a retro within the stipulated period. This
is known as
(A) equitable mortgage.
(B) conventional redemption.
(C) legal redemption.
(D) equity of redemption.
(78) A natural obligation under the New Civil Code of the Philippines is one which
(A) the obligor has a moral obligation to do, otherwise entitling the obligee to
damages.
(B) refers to an obligation in writing to do or not to do.
(C) the obligee may enforce through the court if violated by the obligor.
(D) cannot be judicially enforced but authorizes the obligee to retain the
obligor’s payment or performance.
(79) The husband assumed sole administration of the family’s mango plantation
since his wife worked abroad. Subsequently, without his wife’s knowledge, the
husband entered into an antichretic transaction with a company, giving it
possession and management of the plantation with power to harvest and sell the
fruits and to apply the proceeds to the payment of a loan he got. What is the
standing of the contract?
(A) It is void in the absence of the wife’s consent.
(B) It is void absent an authorization from the court.
(C) The transaction is void and can neither be ratified by the wife nor authorized
by the court.
(D) It is considered a continuing offer by the parties, perfected only upon the
wife’s acceptance or the court’s authorization.
(80) When the donor gives donations without reserving sufficient funds for his
support or for the support of his dependents, his donations are
(A) Rescissible, since it results in economic lesion of more than 25% of the value
of his properties.
(B) Voidable, since his consent to the donation is vitiated by mindless kindness.
(C) Void, since it amounts to wanton expenditure beyond his means.
(D) Reducible to the extent that the donations impaired the support due to
himself and his dependents.
(81) Anne owed Bessy P1 million due on October 1, 2011 but failed to pay her on
due date. Bessy sent a demand letter to Anne giving her 5 days from receipt
within which to pay. Two days after receipt of the letter, Anne personally offered
to pay Bessy in manager's check but the latter refused to accept the same. The 5
days lapsed. May Anne’s obligation be considered extinguished?
(A) Yes, since Bessy’s refusal of the manager’s check, which is presumed funded,
amounts to a satisfaction of the obligation.
(B) No, since tender of payment even in cash, if refused, will not discharge the
obligation without proper consignation in court.
(C) Yes, since Anne tendered payment of the full amount due.
(D) No, since a manager’s check is not considered legal tender in the Philippines.
(82) The residents of a subdivision have been using an open strip of land as
passage to the highway for over 30 years. The owner of that land decided,
however, to close it in preparation for building his house on it. The residents
protested, claiming that they became owners of the land through acquisitive
prescription, having been in possession of the same in the concept of owners,
publicly, peacefully, and continuously for more than 30 years. Is this claim
correct?
(A) No, the residents have not been in continuous possession of the land since
they merely passed through it in going to the highway.
(B) No, the owner did not abandon his right to the property; he merely tolerated
his neighbors’ use of it for passage.
(C) Yes, residents of the subdivision have become owners by acquisitive
prescription.
(D) Yes, community ownership by prescription prevails over private claims.
(83) The owner of a thing cannot use it in a way that will injure the right of a
third person. Thus, every building or land is subject to the easement which
prohibits its proprietor or possessor from committing nuisance like noise, jarring,
offensive odor, and smoke. This principle is known as
(A) Jus vindicandi.
(B) Sic utere tuo ut alienum non laedas.
(C) Jus dispondendi.
(D) Jus abutendi.
(84) Janice and Jennifer are sisters. Janice sued Jennifer and Laura, Jennifer’s
business partner for recovery of property with damages. The complaint did not
allege that Janice exerted earnest efforts to come to a compromise with the
defendants and that such efforts failed. The judge dismissed the complaint
outright for failure to comply with a condition precedent. Is the dismissal in
order?
(A) No, since Laura is a stranger to the sisters, Janice has no moral obligation to
settle with her.
(B) Yes, since court should promote amicable settlement among relatives.
(C) Yes, since members of the same family, as parties to the suit, are required to
exert earnest efforts to settle their disputes before coming to court.
(D) No, the family council, which would ordinarily mediate the dispute, has been
eliminated under the Family Code.
(85) X borrowed money from a bank, secured by a mortgage on the land of Y, his
close friend. When the loan matured, Y offered to pay the bank but it refused
since Y was not the borrower. Is the bank’s action correct?
(A) Yes, since X, the true borrower, did not give his consent to Y’s offer to pay.
(B) No, since anybody can discharge X’s obligation to his benefit.
(C) No, since Y, the owner of the collateral, has an interest in the payment of the
obligation.
(D) Yes, since it was X who has an obligation to the bank.
(86) The right of a mortgagor in a judicial foreclosure to redeem the mortgaged
property after his default in the performance of the conditions of the mortgage
but before the sale of the mortgaged property or confirmation of the sale by the
court, is known as
(A) accion publiciana.
(B) equity of redemption.
(C) pacto de retro.
(D) right of redemption.
(87) When does the regime of conjugal partnership of gains begin to exist?
(A) At the moment the parties take and declare each other as husband and wife
before officiating officer.
(B) At the time the spouses acquire properties through joint efforts.
(C) On the date the future spouses executed their marriage settlements because
this is the starting point of their marital relationship.
(D) On the date agreed upon by the future spouses in their marriage settlements
since their agreement is the law between them.
(88) Josie, 18, married Dante, 25, without her parents’ knowledge and consent,
and lived with him. After a year, Josie returned to her parents’ home,
complained of the unbearable battering she was getting from Dante, and
expressed a desire to have her marriage with him annulled. Who may bring the
action?
(A) Dante.
(B) Her parents.
(C) Josie herself.
(D) The State.
(89) X, a married man, cohabited with Y, an unmarried woman. Their relation
bore them BB, a baby boy. Subsequently, after X became a widower, he married
Y. Was BB legitimated by that marriage?
(A) Yes, since his parents are now lawfully married.
(B) Yes, since he is an innocent party and the marriage rectified the wrong done
him.
(C) No, since once illegitimate, a child shall always remain illegitimate.
(D) No, since his parents were not qualified to marry each other when he was
conceived.
(90) The presence of a vice of consent vitiates the consent of a party in a
contract and this renders the contract
(A) Rescissible.
(B) Unenforceable.
(C) Voidable.
(D) Void.
(91) Can common-law spouses donate properties of substantial value to one
another?
(A) No, they are only allowed to give moderate gifts to each other during family
rejoicing.
(B) No, they cannot give anything of value to each other to prevent placing their
legitimate relatives at a disadvantage.
(C) Yes, unlike the case of legally married spouses, such donations are not
prohibited.
(D) Yes, as long as they leave sufficient property for themselves and for their
dependents.
(92) X owed Y P1.5 million. In his will, X gave Y legacy of P1 million but the will
provided that this legacy is to be set off against the P1.5 million X owed Y. After
the set off, X still owed Y P500,000. Can Y still collect this amount?
(A) Yes, because the designation of Y as legatee created a new and separate
juridical relationship between them, that of testator-legatee.
(B) It depends upon the discretion of the probate court if a claim is filed in the
testate proceedings.
(C) No, because the intention of the testator in giving the legacy is to abrogate
his entire obligation to Y.
(D) No, because X had no instruction in his will to deliver more than the legacy of
P1 million to Y.
(93) Josie owned a lot worth P5 million prior to her marriage to Rey.
Subsequently, their conjugal partnership spent P3 million for the construction of
a house on the lot. The construction resulted in an increase in the value of the
house and lot to P9 million. Who owns the house and the lot?
(A) Josie and the conjugal partnership of gains will own both on a 50-50 basis.
(B) Josie will own both since the value of the house and the increase in the
property’s value is less than her lot’s value; but she is to reimburse conjugal
partnership expenses.
(C) Josie still owns the lot, it being her exclusive property, but the house belongs
to the conjugal partnership.
(D) The house and lot shall both belong to the conjugal partnership, with Josie (99) Before Karen married Karl, she inherited P5 million from her deceased
entitled to reimbursement for the value of the lot. mother which amount she brought into the marriage. She later used part of the
(94) An action for reconveyance of a registered piece of land may be brought money to buy a new Mercedes Benz in her name, which Karen and her husband
against the owner appearing on the title based on a claim that the latter merely used as a family car. Is the car a conjugal or Karen’s exclusive property?
holds such title in trust for the plaintiff. The action prescribes, however, within (A) It is conjugal property since the spouses use it as a family car.
10 years from the registration of the deed or the date of the issuance of the (B) It is Karen’s exclusive property since it is in her name.
certificate of title of the property as long as the trust had not been repudiated. (C) It is conjugal property having been bought during the marriage.
What is the exception to this 10-year prescriptive period? (D) It is Karen’s exclusive property since she bought it with her own money.
(A) When the plaintiff had no notice of the deed or the issuance of the certificate (100) Because of X’s gross negligence, Y suffered injuries that resulted in the
of title. abortion of the foetus she carried. Y sued X for, among other damages, P1
(B) When the title holder concealed the matter from the plaintiff. million for the death of a family member. Is Y entitled to indemnity for the death
(C) When fortuitous circumstances prevented the plaintiff from filing the case of the foetus she carried?
sooner. (A) Yes, since the foetus is already regarded as a child from conception, though
(D) When the plaintiff is in possession of the property. unborn.
(95) Conrad and Linda, both 20 years old, applied for a marriage license, making (B) No, since X’s would not have known that the accident would result in Y’s
it appear that they were over 25. They married without their parents’ knowledge abortion.
before an unsuspecting judge. After the couple has been in cohabitation for 6 (C) No, since birth determines personality, the accident did not result in the
years, Linda’s parents filed an action to annul the marriage on ground of lack of death of a person.
parental consent. Will the case prosper? (D) Yes, since the mother believed in her heart that she lost a child.
(A) No, since only the couple can question the validity of their marriage after
they became 21 of age; their cohabitation also convalidated the marriage.
(B) No, since Linda’s parents made no allegations that earnest efforts have been
made to come to a compromise with Conrad and Linda and which efforts failed.
(C) Yes, since the marriage is voidable, the couple being below 21 years of age
when they married. 2014 Bar Exam
(D) Yes, since Linda’s parents never gave their consent to the marriage. What is the effect of preterition ? (1%)
(96) Pepito executed a will that he and 3 attesting witnesses signed following the (A) It annuls the devise and legacy
formalities of law, except that the Notary Public failed to come. Two days later, (B) It annuls the institution of heir
the Notary Public notarized the will in his law office where all signatories to the (C) It reduces the devise and legacy
will acknowledged that the testator signed the will in the presence of the (D) It partially annuls the institution of heir
witnesses and that the latter themselves signed the will in the presence of the
testator and of one another. Was the will validly notarized?
(A) No, since it was not notarized on the occasion when the signatories affixed
their signatures on the will.
(B) Yes, since the Notary Public has to be present only when the signatories
acknowledged the acts required of them in relation to the will.
(C) Yes, but the defect in the mere notarization of the will is not fatal to its
execution.
(D) No, since the notary public did not require the signatories to sign their
respective attestations again.
(97) Venecio and Ester lived as common-law spouses since both have been
married to other persons from whom they had been separated in fact for several
years. Hardworking and bright, each earned incomes from their respective
professions and enterprises. What is the nature of their incomes?
(A) Conjugal since they earned the same while living as husband and wife.
(B) Separate since their property relations with their legal spouses are still
subsisting.
(C) Co-ownership since they agreed to work for their mutual benefit.
(D) Communal since they earned the same as common-law spouses.
(98) What is the prescriptive period for filing an action for revocation of a
donation based on acts of ingratitude of the donee?
(A) 5 years from the perfection of the donation.
(B) 1 year from the perfection of the donation.
(C) 4 years from the perfection of the donation.
(D) Such action does not prescribe.